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AN ACT 

TO REGULATE THE TREATMENT, HANDLING 
AND WORK OF PRISONERS 



PUBLIC LAWS, SESSION 1917 



EDWARDS ft BROUGHTON PRINTING CO.. RALEIGH. K. C 



HV?353 

\V1 



9. of D. 
OCT 13 1917 






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5 AN ACT TO REGULATE THE TREATMENT, HANDLING, AND 
WORK OP PRISONERS. 

The General Assembly of North Carolina do enact: 

Section 1. That all persons convicted of crime in any of the Prisoners sent to 
courts of this State whose sentence shall be for five years or more 
shall be sent to the State Prison or State Penitentiary. 

Sec. 2. The board of directors of the State Prison shall not, nor Labor of prison- 
shall any other authority whatsoever make any contract by which of S wOTk. pr ° duCtS 
the labor or time of any prisoner or convict sentenced to the 
State Penitentiary or prison or reformatory, or the product or 
profit of his work, shall be contracted, let, farmed out, given or 
sold to any person, firm, association, or corporation; except that 
the said prisoner or convict may work for and the products of 
his labor may be disposed of to the State or for or to any public 
institution owned, managed, or controlled by the State, or for or 
to any county of the State: Provided, the products of the State Proviso: sale of 
farms may be sold in the open market for the purpose of making farms? s ° s a e 
the State Prison self-supporting, as contemplated by the Constitu- 
tion; and Provided, that this section shall not apply to any bona Proviso: contracts 
fide contracts already made by the State with any person, firm, or m 
corporation for the use of prisoners or convicts, if such contract 
is in force. 

Sec. 3. The board of directors of the State Prison shall, through Employment at 

useful labor, 
the superintendent, wardens, managers, or officials of the peni- 
tentiary, State farms, or reformatories in the State, so far as is 
practicable, cause all the prisoners in said institutions who are Limit of work, 
physically capable thereof to be employed at useful labor not to 
exceed ten (10) hours of each day, other than Sundays and public 
holidays: Provided, this shall not apply to work on the State Proviso : work 
farm; and Provided further, that not more than nine hours work ° n s a e arm \ 

Proviso : work 

shall be permitted when prisoners are hired to private persons, under contract, 
firms, or corporations: Provided further, this shall not apply to Proviso: exist- 
existing contracts heretofore made by this State. 

Sec 4. That the board of directors of the State Prison shall Classification of 
direct the classification of all male prisoners committed to their prisoners ' 
charge into three classes or grades, as follows : In the first class First class. 
shall be included all those prisoners who have given evidence that 
they will, or whom it is believed will, observe the rules and regu- 
lations and work diligently, and are likely to maintain them- 
selves by honest industry after their discharge; in the second class Second class, 
shall be included those prisoners who have not as yet given evi- 
dence that they can be trusted, but are competent to work and 
are reasonably obedient to the rules and regulations of the insti- 



Treatment and Work of Prisoners 



Third class. 



Honor men and 
camps. 



Uniform. 



Uniform and disci- 
pline of second 
class. 



Dress and disci- 
pline of third 
class. 



Assignment to 
classes. 



Changes. 



Commutation. 



Allowances. 



Payments to 
families. 



Earnings of 
prisoners without 
families. 



tution; and in the third class shall be those prisoners who have 
demonstrated that they are incorrigible, have no respect for the 
rules and regulations, and seriously interfere with the discipline 
and the effectiveness of the labor of the other prisoners. The 
men of the first class shall be known as honor men, and when 
grouped together in camps as hereinafter provided for, the camp 
shall be known as an "honor camp," and they shall wear a dis- 
tinctive but not very conspicuous uniform, and shall be worked 
without guards, and when in prison or camps, or in any other 
place of detention, they shall not be chained or under armed 
guards at night. The men of the second class shall wear a con- 
spicuous uniform, and shall be worked under armed guards, but 
shall not wear chains while at work, but may or may not be 
chained at night, in the discretion of the superintendent. The 
men of the third class shall be dressed in stripes, shall be worked 
under armed guards, wear chains during the day, whenever this 
is considered necessary, and be chained at night when in camp, 
and shall be worked as far as possible in stockades, inclosing 
rock quarries, but may be worked on public roads in camps con- 
taining only this class of men, at the discretion of the superin- 
tendent, or that may hereafter be made by the General Assembly. 

Sec. 5. Persons sentenced to the penitentiary or State Prison 
for the first time shall be placed in the first or second class, but 
the assignment of a prisoner to any one of the three classes re- 
ferred to in this act shall not be considered to mean that such 
prisoner must remain in said class, for a prisoner may be changed 
from a lower to a higher class or from a higher to a lower class, 
depending upon the behavior of said prisoner, and it shall be the 
purpose and intent of this act to direct the board of directors of 
the State Prison to encourage and assist the men to so improve 
themselves that they can be transferred from a lower to a higher 
class or grade. 

Sec. 6. The men of the first class shall be allowed a commutation 
of their sentence of eight days out of every four weeks; those in 
the second class six days out of every four weeks; but those in 
the third class shall not be allowed any commutation of their 
time. The men of the first class shall be allowed ten cents per 
day for each day they work, and those in the second class five 
cents per day, and those in the third class two cents per day for 
each day they work; and said sums shall, in case the prisoner has 
a family which was dependent upon him, be paid monthly to 
such family. In case the prisoner has no family, then the moneys 
earned by said prisoner shall become accumulative, to be paid 
over to said prisoner at the time of his discharge, or to be drawn 
upon by said prisoner for the purchase of such things as the 
prisoner may desire and for other purposes, by and with the ap- 
proval of the superintendent, except that the men of the third 



Treatment and Work of Prisoners 5 

class who have no family dependent upon them shall not be 
allowed any per diem. 

Sec. 7. It shall be unlawful for the board of directors of the Whipping or 
State Prison to whip or flog, or have whipped or flogged, any oggmg - 
prisoner committed to their charge until twenty-four hours after 
the report of the offense or disobedience, and only then in the 
presence of the prison physician or prison chaplain; and no 
prisoner other than those of the third class as defined in this act 
shall be whipped or flogged at any time. 

Sec. 8, The sanitary and hygienic care of the prisoners shall Sanitary and 

hygienic care. 

be under the direction, supervision, and regulation of the State 
Board of Health, and all camps and camp equipment shall con- Camps and camp 
form to the plans and specifications of and be approved by the eqmpment ' 
State Board of Health and the State Highway Commission; and 
the board of directors of the State Prison shall do such things as 
may be necessary to carry out the recommendations of the State 
Board of Health. The supervision of the State Board of Health Supervision of 
shall apply to the State Prison, the State farms, and county or health. 
State camps or other places where the prisoners are confined or 
housed, and such recommendations as shall be made by the State 
Board of Health regarding clothes, bedding, tableware, and bath- 
ing for the prisoners shall be carried out by the board of directors 
of the State Prison. 

Sec. 9. That the prisoner's number shall be used for marking Prisoner's num- 
all clothes, bedclothing, beds, and other supplies used by prisoners, marking. ° r 
so that when such clothes, bedclothing, and supplies are washed 
and cleaned they shall be always returned for the use of the same 
prisoner. 

Sec. 10. That the board of directors of the State Prison and the Supervision of 
State Board of Health shall have the same supervision of all campT C ° Un J 
jails, county camps, and any other places of confinement of county 
or city prisoners in regard to method of construction, sanitary and 
hygienic care, as they have over the State Prison. 

Sec. 11. That the board of directors of the 'State Prison are Work on public 
herewith authorized to work the prisoners committed to their roads - 
charge on the public roads of the State by organizing State camps 
for housing and feeding the prisoners while at work on such 
roads, but the construction of such camps must be in accordance 
with plans approved by the State Highway Commission and the 
State Board of Health, and the work of such prisoners must be Direction and 
under the direction and supervision of the State Highway Com- J^te^Shway* 
mission, and said State prisoners shall not be worked on any commission. 
road where the location of such road has not been approved by Location of roads, 
the State Highway Commission: Provided, that if worked on the Proviso: pay- 
public roads of a county at the request of said county, then said Sf countynfads. 
county shall pay to the said State Prison Board at least one 
dollar per day for each prisoner thus worked. 



Treatment and Work of Prisoners 



Supervision of 
jails and county 
camps by state 
board of health. 



Forfeiture of 
commutation and 
allowance. 



Reduction of 
grade. 

Proviso: restora- 
tion. 



Punishment for 
escape. 



Recapture. 



Quarters at state 
farm. 



Recreations. 



Education. 



Prisoners as 
instructors. 



Sec. lly 2 . The State Board of Health shall have the same super- 
vision of all jails, county camps, or other places of confinement of 
county or city prisoners in regard to method of construction, san- 
itary and hygienic care, as they have over the State Prison, and 
the county and city authorities will carry out the directions of 
said board of health. 

Sec. 12. Any prisoner by misconduct or infringement of the 
rules and regulations of the State Prison, State farm, or State 
camp in which he is confined shall forfeit for the first offense 
ten per cent of time that has accumulated and ten per cent of 
any moneys that may be due him; and in case of continued mis- 
conduct or violation of the rules and regulations he shall forfeit 
all of his accumulated time and moneys, and shall be reduced 
to a lower grade or class: Provided, that any such prisoner losing 
his time and money and reduced in class may, by good behavior, 
be restored to his former class or grade, and, at the discretion 
of the board of directors, have a certain per cent of his time and 
money credited to him again. 

Sec. 13. In case a prisoner of the first or second class or grade 
attempts to escape or leaves, without permission, the State Prison, 
State farm, or State camp, he shall, upon being recaptured or 
taken, be reduced to the third class or grade and shall perma- 
nently lose all his accumulated time and money; and the board 
of directors of the State Prison are herewith authorized and 
directed to take every means possible to recapture or retake any 
man escaping or leaving, without permission, any of the State 
prisons, camps, or farms, regardless of expense. 

Sec 14. That in order to erect suitable quarters for the pris- 
oners kept at the State farms, the board of directors of the State 
Prison is herewith authorized and directed to spend a sufficient 
amount of the funds under the control of the board to pay for 
the erection of sanitary quarters for the prisoners with individ- 
ual cells, when cells are deemed necessary, for each prisoner, 
and the plans and specifications for the erection of such quarters 
shall be approved by the State Hoard of Health. 

Sec 15. The board of directors of the State Prison is herewith 
authorized and directed to arrange certain forms of recreation 
for the prisoners, and shall arrange so that the prisoners during 
their leisure hours between work and time to retire shall have 
an opportunity to take part in games, and attend lectures, and 
take part in other forms of amusement as may be provided by 
said board. The said board is also authorized and directed to 
make such arrangements as are necessary to enable classes to 
be organized amongst the prisoners, so that those who desire may 
receive instruction in various lines of educational pursuits. The 
said board shall utilize, where possible, the services of the pris- 
oners who are sufficiently educated to act as instructors for such 



Treatment and Work of Prisoners 7 

classes in education; such services, however, shall be voluntary 

on the part of the prisoner. The said board is further authorized Religious services. 

and directed to make such arrangements as will be necessary so 

that religious services may be held for the prisoners on Sunday 

and at such other times as they may deem wise. The attendance Attendance 

voluntary. 

of the prisoners at such religious services shall be voluntary. 
That the provisions of this section shall apply to the State Prison, 
State farm, and State camps. 

Sec. 16. No one addicted to the use of intoxicating liquors V se ?* intoxicat- 
shall be employed as superintendent, warden, guard, or any employees forbid- 
other position connected with the State Prison, State farm, State 
camps, where such position requires the incumbent thereof to 
have any charge or direction of the prisoners; and any one hold- 
ing such position, or any one who may be employed in any other 
capacity in said State Prison, State farms, or State camps who 
shall come under the influence of intoxicating liquors shall at 
once cease to be an employee of any of the said institutions, and 
shall not be eligible for reinstatement to said position or be em- 
ployed in any other position in any of the said institutions. 

Sec. 17. The prisoners confined at any State Prison, State farms, Correspondence 

privileges. 
or State camps who are in the first class or grade authorized by 

this act shall be allowed general correspondence privileges in so 

far as such correspondence does not interfere with the work and 

discipline of the said prison, farm, or camp; prisoners who are in 

the second class or grade authorized by this act shall be allowed 

similar but somewhat more restricted correspondence privileges 

as those in the first class or grade; and prisoners who are in the 

third class or grade authorized by this act shall only be allowed 

such correspondence privileges as may be deemed best by the 

superintendent: Provided, however, that any prisoner shall be Proviso: letters 

permitted to write a letter to the Governor of the State at any ogovernor ' 

time he desires, and said letter shall be mailed for him as other 

letters are mailed. 

Sec. 18. The board of directors of the State Prison is herewith System of parol, 
authorized and directed to establish such rules and regulations 
as may be necessary for developing a system for paroling pris- 
oners, and are herewith authorized and directed to put into prac- 
tice such rules and regulations as early as it can be consistently 
done. 

Sec 19. The various judges ©f the Superior Court of North Indeterminate 
Carolina are herewith authorized and directed, in their discre- 
tion, in sentencing prisoners to the State Prison to pass upon 
such prisoner a minimum and maximum sentence, thus making 
the sentence of said prisoner an indeterminate sentence, and the Consideration 

governing dis- 

board of directors of the State Prison is herewith authorized and charges, 
directed to consider at least once every six (6) months the cases 
of such prisoners as have been committed to the State Prison with 



LIBRARY OF CONGRESS 



027 273 822 1 

Treatment and Work of Prisoners 



Proviso : mini- 
mum term to be 
fulfilled. 



Allowances to 
families. 



Applications for 
pardon to include 
record. 



Copies of act to be 
furnished pris- 
oners. 



Physical and 
mental examina- 
tions. 



Work on railroads 
and public works. 



Existing contracts 



Separation of 
convicts. 

Repealing clause. 



an indeterminate sentence, as to whether such prisoner is entitled 
to a discharge, shall take into consideration the said prisoner's 
record since committed to the charge of the board of directors 
of the State Prison: Provided, that said prisoner has served the 
minimum time to which he was sentenced after allowing credit 
for good behavior as authorized by law. 

Sec. 19i£. That the Governor of the State and prison board 
shall annually make such allowance from the net earnings of the 
prison to the dependent members of the prisoners' families as 
shall in their discretion be just and proper and fair to the pris- 
oners. 

Sec. 20. Any application for the pardon of a prisoner commit- 
ted to the charge of the board of directors of the State Prison 
shall include a record of such prisoner since he was committed 
to the charge of said board; and in determining whether or not 
a parole or pardon shall be granted, consideration shall be given 
to the said record of such prisoner; and the record of such 
prisoner shall be available to those making the application. 

Sec. 21. That this act shall be printed in pamphlet form and 
each prisoner committed to the charge of the board of directors 
of the State Prison shall be supplied with a copy of such act, and 
its contents shall be explained to him at the time he is brought 
to the State Prison. 

Sec. 22. That each prisoner committed to the charge of the 
board of directors of the State Prison shall be carefully examined 
by a competent physician in order to determine his physical and 
mental condition, and his assignment to the prison, farm, or 
camps, and the work that he is required to do, shall be dependent 
upon the report of said physician as to his physical and mental » 
capacity. 

Sec 23. No State convict shall be worked upon any railroad 
or public works of any county if in the opinion of the Governor 
and board of directors of the State Prison, said State Prison would 
thereby be made not self-sustaining; but this shall not be con- 
strued to interfere with contracts and agreements now in exist- 
ence. 

Sec 24. The races shall be kept separate, and youthful convicts 
from old and hardened criminals in sleeping quarters. 

Sec 25. That all laws and clauses of laws in conflict with this 
act, either public, public-local, or private, are herewith repealed. 

Sec 26. That this act shall be in force from and after its rati- | 
fication. 

Ratified this the 7th day of March, A. D. 1917. 







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